Recently a client contacted us regarding the use by a competitor or its registered trade mark as a paid Google AdWord in order to ensure that its website ranked higher than our clients when searching for its products on the Internet.

With the advent of on-line marketing companies are increasing using the Internet’s architecture and tools for marketing to customers. You need to be aware that if your business uses meta-tags, Google AdWords, banners or other on-line strategies that you do not use a competitor’s brand to attract customers to your website.

This is an interesting area of law involving trade mark infringement, passing off and misleading and deceptive conduct under the Trade Practices Act.

Proceedings have been commenced in the Federal Court of NSW and we will keep you posted of the outcome in the new year.